Gessner v. Vore, 22297 (8-1-2008)

OPINION

{¶ 1} Plaintiff, Mark E. Gessner, appeals from an order of the court of common pleas that dismissed Gessner's 18 U.S.C. § 1983 action against Defendants, Montgomery County Sheriff Dave Vore and two of his deputies, pursuant to Civ. R. 12(B)(6), for failure to state a claim upon which relief may be granted.

{¶ 2} The circumstances from which Gessner's claims for relief arise have been the subject of two actions. The first was an action that Gessner commenced on February 26, 2006, when he filed a complaintpro se. That action was voluntarily dismissed by Gessner on April 26, 2006, pursuant…